AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE  GEN

I	PERSONAL  APPEARANCE	x	I

RECORD REVIEW

COIJ NSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES

A95.00

INDEX NUMBER

A67.00

EXHIBITS SUB!\1fTTED TO TllE RO DI>  i n

A93.0l	A67.10	1	ORDER APPOINTING THE BOARD
AOl.00	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

19 Apr 2006	FD-2005-00339
APPLICAI\ l 'ISSVF AN.0 111-!;; BoARD·s .OECISIONA(. RATIONA(. A!tf. DISCUSSED 01\JJi!: ATTACHEQ AIR '""''I' ' "" w•."" l\&Y!J;);!Or\@	'"'	I RAJJQ)'iAJ.E
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Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR

Names and votes wil l be made available to the applicant at the applicant's request.

_S. E.OFJW:.OllOEIL _ -4":>- _ _ _ _ _L}_ _ _ _ _ _ --"- _ _ _ _ _ _ _.c:_ _ _ _ _ _ _ _ _ _ _ _ _ [SJGJl!RE.F.JillARuaE.N..d_ _ _ _ _ _ _ _ _ _ _

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TO:	FROM

SAF/MRBR

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 20762-7002

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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00339	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied. The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The records indicated applicant's misconduct resulted in her receiving two Article 15's; one for failing to go to appointed place of duty and the other for unlawfully hitting an airman in the arm several times with a hammer.  The Vacation action resulting in her reduction to airman first class was for failure to go to appointed place of duty.  Applicant states that she overslept due to the nine prescribed medications that she was taking.  The DRB noted that member was under medication; however, after several unsuccessful attempts to obtain medical records from the Records Management Center in St. Louis, Missouri, could not verify the prescribed medications.  Applicant also received one Letter of Reprimand for failure to go on two separate occasions.	The ORB opined that through these administrative actions, the applicant had ample opportunities to change her negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

The applicant cited her desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on June 26, 2001) that she understood she must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

If she can provide additional documented information to substantiate an issue, the applicant should consider exercising her right to make a personal appearance before the Board.  Ifshe should choose to exercise her right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief